Hazardous Materials in Project
Development
Laws, Regulations and Agencies
TxDOT Environmental Affairs Division
Release Date: 2/2014
510.03.GUI
Version 1
Hazardous Materials in Project Development: Laws, Regulations and Agencies
Table of Contents
Section 1 - Overview ..................................................................................................................................... 3
Federal Laws and Regulations ............................................................................................................. 3
State Statutes ....................................................................................................................................... 4
Section 2 - Federal Law Summary ................................................................................................................ 5
Resource Conservation and Recovery Act .......................................................................................... 5
Comprehensive Environmental Response Compensation and Liability Act......................................... 6
Hazardous Materials Transportation Act .............................................................................................. 7
Occupational Safety & Health Act ........................................................................................................ 8
Clean Air Act ......................................................................................................................................... 8
Section 3 - Texas Statute Summary ............................................................................................................. 8
Texas Health and Safety Code ............................................................................................................. 8
Texas Water Code................................................................................................................................ 9
Texas Asbestos Health Protection Act ................................................................................................. 9
Section 4 - Texas Regulatory Agencies ...................................................................................................... 10
Texas Commission on Environmental Quality (TCEQ) ...................................................................... 10
Texas Department of Health (TDH).................................................................................................... 13
Railroad Commission of Texas (RRC) ............................................................................................... 13
Section 5 - Local Entities ............................................................................................................................. 14
Applicability of Local Laws and Ordinances ....................................................................................... 14
Texas Alliance of Groundwater Districts (TAGD) ............................................................................... 14
Local Publicly Owned Treatment Works (POTW) .............................................................................. 14
Appendix A .................................................................................................................................................. 15
TxDOT Environmental Affairs Division
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Hazardous Materials in Project Development: Laws, Regulations and Agencies
Section 1 - Overview
Federal Laws and Regulations
For hazardous substances, wastes and materials, the following primary federal laws impact TxDOT
project development:
Table B-1: Federal Laws and Regulations
Act or Statute
Abbreviation
Regulatory Agency
Code or Regulation
Resource Conservation
and Recovery Act of
1976
RCRA
U.S. Environmental
Protection Agency
(USEPA)
42 USC §6901 et seq.
40 CFR 260-263
40 CFR 268
40 CFR 280
Hazardous and Solid
Waste Amendments
of1984
HSWA
USEPA
42 USC §6901 et seq.
Comprehensive
Environmental Response
Compensation and
Liability Act of 1980
CERCLA
USEPA
42 USC §9601 et seq.
40 CFR 300-374
Superfund Amendments
and Reauthorization Act
of 1986
SARA
USEPA
42 USC §9601 et seq.
Small Business Liability
Relief and Brownfields
Revitalization Act of
2002
Brownfields
Amendments
USEPA
42 USC §9601 et seq.
Hazardous Materials
Transportation Act
HMTA
U.S. Department of
Transportation (USDOT)
49 USC §5101 et seq.
49 CFR 100 – 185
Occupational Safety and
Health Act of 1971
OSHA
Occupational Safety and
Health Administration
(OSHA)
29 USC §651 et seq.
29 CFR 1910
29 CFR 1926
Clean Air Act of 1974,
amended 1990.
CAA
USEPA
42 USC §7401 et seq.
40 CFR 61
USC = United States Code
CFR = Code of Federal Regulations
TxDOT Environmental Affairs Division
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Hazardous Materials in Project Development: Laws, Regulations and Agencies
State Statutes
For hazardous substances, wastes and materials, the following primary state statutes, administered
by the Texas Commission on Environmental Quality (TCEQ) and Texas Department of Health (TDH),
impact TxDOT project development:
Table B-2: Texas Statutes
Statute
Abbreviation
Regulatory Agency
Chapter
Texas Health and
Safety Code, Solid
Waste Disposal Act
THSC or TSWDA
TCEQ
THSC Chapter 361
Texas Water Code,
Prohibition Against
Pollution;
Enforcement
TWC
TCEQ
TWC Chapter 26,
Subchapter D,
§26.121 et seq.
Texas Water Code,
Texas Hazardous
Substances Spill
Prevention and
Control Act
TWC
TCEQ
TWC Chapter 26,
Subchapter G,
§26.261 et seq.
Texas Water Code,
Underground and
Aboveground Storage
Tanks
TWC
TCEQ
TWC Chapter 26,
Subchapter I, §26.341
et seq.
Vernon’s Texas Civil
Statutes, Texas
Asbestos Health
Protection Act
TAHPA
TDH
Vernon’s Texas Civil
Statutes, Title 71, Art.
4477-3a
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Section 2 - Federal Law Summary
Resource Conservation and Recovery Act
The Resource Conservation and Recovery Act (RCRA) was enacted in 1976 and includes several
amendments. It addresses the management of non-hazardous solid waste, hazardous waste and
underground storage tanks (USTs). As defined under RCRA, hazardous waste characteristics are
ignitable, corrosive, reactive, toxic or listed (contain certain amounts of toxic chemicals). EPA has
listed 500 specific hazardous wastes.
The RCRA program regulates:
 solid waste recycling and disposal
 federal procurement of products containing recycled materials
 waste minimization
 hazardous waste generators and transporters
 hazardous waste treatment, storage and disposal facilities (TSDFs).
The Hazardous and Solid Waste Amendments of 1984 (HSWA) broadened the scope of RCRA and
authorized the EPA to regulate USTs containing petroleum products and hazardous substances.
Primarily, states and territories implement the UST program. The resulting UST program includes
provisions governing:
 design and installation of USTs
 release detection
 release response
 corrective action
 financial responsibility
 closure.
RCRA also established the generator's responsibility or liability for hazardous waste management and
disposal. Hazardous waste cleanup under RCRA, referred to as the Corrective Action Program, is
different from Superfund (discussed below). The Corrective Action Program concerns sites with viable
operators and ongoing operations. It encompasses active or soon-to-be-active facilities that are
permitted or seek a permit to treat, store or dispose of hazardous waste. To obtain an RCRA
operating permit, these active facilities are required to clean up any contaminants that are released
from their facilities or have been released in the past. The RCRA facility owner/operator must pay for
the cleanup at the site.
TxDOT's Perspective on RCRA: There is no defense to liability under RCRA, but liability might be
avoided if appropriate inquiry is performed and identifies known or possible hazardous waste
contamination and regulated facilities. Closure of hazardous waste disposal units within any proposed
right of way should be coordinated with the owner/operator of the RCRA facility and adhere to
applicable TCEQ and EPA requirements. Post-closure care requirements may also apply. Any
generated hazardous wastes must be handled according to applicable regulations either prior to or
during construction.
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Hazardous Materials in Project Development: Laws, Regulations and Agencies
Comprehensive Environmental Response Compensation and Liability Act
The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), commonly
referred to as Superfund, was enacted on December 11, 1980. CERCLA authorizes the EPA to
respond to releases or threatened releases of hazardous substances, pollutants or contaminants that
may endanger human health or the environment. Superfund was designed to remedy past hazardous
waste management mistakes at abandoned sites or sites or where a sole responsible party cannot be
identified. The EPA follows National Contingency Plan (NCP) procedures to respond to releases and
threatened releases of hazardous substances, pollutants or contaminants. CERCLA also requires the
EPA to maintain the National Priorities List (NPL), a list of sites across the United States that require
remedial action due to releases or threatened releases of hazardous substances. Finally, CERCLA
requires that releases be reported, establishes the liability of persons responsible for releases of
hazardous substances and initiates a trust fund to provide for cleanup when no responsible party can
be identified. It should be noted that the term “hazardous substances” excludes petroleum products,
including crude oil or any fraction thereof, natural gas, natural gas liquids, liquefied natural gas or
synthetic gas usable for fuel.
Potentially responsible parties (PRP): Under CERCLA, potentially responsible parties (PRP)
include:
 the owner and operator of a vessel or a facility
 any person who, at the time of disposal of any hazardous substance, owned or operated any
facility at which such hazardous substances were disposed of
 any person who, by contract, agreement or otherwise, arranged for disposal or treatment, or
arranged with a transporter for transport for disposal or treatment, of hazardous substances
owned or possessed by such person, or by any other party or entity, at any facility or incineration
vessel owned or operated by another party or entity and containing such hazardous substances
 any person who accepts or accepted any hazardous substances for transport to disposal or
treatment facilities, incineration vessels, or sites selected by such person, from which there is a
release, or a threatened release which causes the incurrence of response costs, of a hazardous
substance.
Liability shall be for:
 all costs of removal or remedial action incurred by the United States Government or a State or an
Indian tribe not inconsistent with the NCP
 any other necessary costs of response incurred by any other person consistent with the NCP
 damages for injury to, destruction of, or loss of natural resources, including the reasonable costs
of assessing such injury, destruction, or loss resulting from such a release
 the costs of any health assessment or health effects study carried out under section 42 USC
9604(i).
Defenses to Liability: Defenses to liability were created under the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and were amended under the Small Business Liability Relief and
Brownfields Revitalization Act (Brownfields Amendments) of 2002. There shall be no liability for a
person who can establish by a preponderance of the evidence that the release or threat of release of
a hazardous substance and the damages resulting therefrom were caused solely by an act or
omission of a third party. A third party is someone 1) other than an employee or agent of the
defendant or 2) other than one whose act or omission occurs in connection with a contractual
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relationship with the defendant. The term "contractual relationship" includes, but is not limited to, land
contracts, deeds or other instruments transferring title or possession.
For private property transfers, there are the landowner liability protections. There is an "innocent
land owner protection." The defendant must demonstrate that, at the time of acquisition, he/she did
not know and had no reason to know that any hazardous substance was disposed of on, in or at the
facility. To establish that the defendant had no reason to know, he/she must have undertaken all
appropriate inquiry into the previous ownership and previous uses of the property consistent with
good commercial or customary practice at the time of acquisition. The innocent land owner defense
can also be used for hazardous substances which migrate from adjacent properties.
For government entities, an "eminent domain defense" can apply when acquisition occurs after
hazardous substances have been disposed of or placed on, in or at the facility. A government entity
has a defense to liability if the facility was acquired by escheat, through any other involuntary
transfer/acquisition or through the exercise of eminent domain authority by purchase or
condemnation.
There is no defense to liability if the defendant obtained actual knowledge of the release or threatened
release of a hazardous substance and then subsequently transferred ownership of the property to
another person without disclosing such knowledge. Most importantly, neither the innocent landowner
nor eminent domain defense shall affect the liability under CERCLA if a defendant who, by any act or
omission, caused or contributed to the release or threatened release of a hazardous substance.
Any government entity that acquires right of way through the exercise of eminent domain authority by
purchase or condemnation may assert a defense to liability for any hazardous substances on the
property prior to acquisition. However, the use of the eminent domain defense has not been
sufficiently tested through litigation. It may also be possible to assert the innocent land owner defense
if hazardous substances migrated from adjacent properties onto existing right of way.
The highest potential for liability exists if hazardous substances are mishandled. TxDOT must use
"due care" and "take precautions" against possible consequences of disposal, treatment or
transportation of hazardous substances after acquisition. TxDOT especially does not want to cause or
contribute to the release or threatened release of hazardous substances. Therefore, an appropriate
inquiry to identify concerns is needed. Significant coordination with federal and state agencies such
as EPA and TCEQ will be necessary if a project requires the acquisition of or may affect listed sites or
sites under investigation/assessment for Superfund. The project should be designed to avoid further
releases of hazardous substances during or after construction. Due to the significant costs involved
and possibility of litigation, avoidance and minimization should be considered early in project
development.
Hazardous Materials Transportation Act
The Hazardous Materials Transportation Act (HMTA) 49 USC §5101 et seq. designated regulations
for transportation of hazardous materials in commerce. Regulated by the USDOT, “hazardous
materials” are defined as materials of a particular quantity and form that may pose an unreasonable
risk to health, safety or property. Hazardous materials may include, but are not limited to, explosives,
radioactive materials, etiologic agents, flammable liquids or solids, combustible liquids or solids,
oxidizing or corrosive materials, poisons and compressed gases. Transportation of hazardous
materials must meet applicable USDOT regulations.
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Occupational Safety & Health Act
The Occupational Safety and Health Act (OSHA) was established for the regulation of site safety
procedures, worker or employee training and worker safety and health standards. OSHA includes
provisions for:
 occupational safety and health standards
 inspections, investigations and record keeping
 citations
 procedure for enforcement
 training
 employee education.
OSHA regulations include Hazardous Waste Operations and Emergency Response (HAZWOPER) 29
CFR 1910; 1926.65.
Under OSHA, the employer is responsible for employee health and safety. Considerations for
occupational safety and health in accordance with applicable OSHA regulations are required when
hazardous substances, materials and waste are involved.
Clean Air Act
The Clean Air Act (CAA) was established to regulate air pollutants and air emissions. The Clean Air
Act required the EPA to establish national emission standards for hazardous air pollutants to which
no ambient air quality standard applies. Pollutants in this category are usually emitted by very specific
industrial sources and include asbestos, beryllium, mercury, vinyl chloride and benzene.
The National Emissions Standards for Hazardous Air Pollutants (NESHAP) are established in 40 CFR
§61. NESHAP requires an asbestos inspection to be conducted prior to renovation or demolition of a
commercial building. Additional information on asbestos in buildings or structures within the right of
way is provided in Chapter 3 (Right of Way).
Section 3 - Texas Statute Summary
Texas Health and Safety Code
The Texas Health and Safety Code, Solid Waste Disposal Act, controls the management of solid and
hazardous waste by requiring hazardous waste to be stored, processed and disposed of only at
permitted hazardous industrial solid waste facilities.
The previous owner or operator of a facility is liable for the release or threatened release of a
hazardous substance. Similar to CERCLA, TxDOT must exercise due care and take precautions
against potential consequences. A defendant is not liable if he/she acquired the real property on which
the facility requiring the remedial action is located after the disposal or placement of the hazardous
substance on, in or at the facility, or if the defendant is a governmental entity that acquired the facility
by escheat, by other involuntary transfer/acquisition or by the exercise of the power of eminent
domain. It should be noted that the Texas Health and Safety Code does not include the language “by
purchase or condemnation” when discussing eminent domain.
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If the defendant obtained actual knowledge of the release or threatened release of a hazardous
substance at a facility while owning the real property on which the facility is located, and subsequently
transferred ownership of the property to another person without disclosing that knowledge, the
defendant is liable. Also, there is no defense to liability for a defendant who, by an act or omission,
caused or contributed to the release or threatened release of a hazardous substance that is the
subject of the action concerning the facility.
Texas Water Code
The Texas Water Code provides for the conservation and development of the state's natural
resources. As defined under the Texas Water Code, "water" or "water in the state" means
groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers,
streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of
the state, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt,
navigable or nonnavigable, and including the beds and banks of all watercourses and bodies of
surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the
state.
Under Chapter 26, Subchapter G of the Texas Water Code, Texas Hazardous Substances Spill
Prevention and Control Act, a "person responsible" or "responsible person" for discharges or spills of
hazardous substances may include:
 the owner, operator or demise charterer of a vessel from which a spill emanates
 the owner or operator of a facility from which a spill emanates
 any other person who causes, suffers, allows or permits a spill or discharge.
Under Chapter 26, Subchapter D, of the Texas Water Code, no person may cause or allow a
discharge of any waste or pollutant into or adjacent to the waters of the state, in violation of this
statute or of any rule, regulation, permit or other order of the TCEQ.
Ultimately, the current property owner is responsible for any contamination leaving the property or
affecting groundwater. As with RCRA and CERCLA, appropriate inquiry must be performed for
existing and proposed right of way to identify any special considerations to avoid unauthorized
discharges.
Additional information on liability associated with leaking petroleum storage tanks is provided in
Chapter 3 (Right of Way).
Texas Asbestos Health Protection Act
The Texas Asbestos Health Protection Act pertains to any public building that requires notification
similar to NESHAP. It also includes further requirements, such as licensed persons to perform the
survey and to remove the asbestos.
Licenses are required to perform asbestos-related work in public buildings in Texas for contractors,
supervisors, workers, consultants, management planners, inspectors, air monitors, laboratories,
transporters and training providers.
Additional information on asbestos in buildings or structures within the right of way is provided in
Chapter 3 (Right of Way).
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Hazardous Materials in Project Development: Laws, Regulations and Agencies
Section 4 - Texas Regulatory Agencies
Texas Commission on Environmental Quality (TCEQ)
The state of Texas is responsible for implementing and enforcing the federal law with support, if
needed, from the Environmental Protection Agency. The legislature has enacted state laws and the
TCEQ has adopted rules in compliance with federal code and regulations. USC §9614 permits states
to impose additional liability or requirements with respect to releases of hazardous substances in the
state.
The TCEQ administers both state and federally mandated programs including:
 the Resource Conservation and Recovery Act
 the Comprehensive Environmental Response, Compensation and Liability Act
 the Clean Water Act
 the Safe Drinking Water Act
 the development of state management plans for groundwater under the Federal Insecticide,
Fungicide and Rodenticide Act.
The following table summarizes some of the notification and authorization requirements for TCEQ
activities involving regulated sites:
Table B-3: TCEQ’s Notification and Approval Requirements
Type of Facility
State Superfund Registry
Requirement Summary
Statute or Code
TCEQ should be notified of
any substantial change in the
use of the facility. A
substantial change in use is
defined as a physical or
functional alteration of a
facility, the effect of which is to
interfere significantly with a
proposed or ongoing remedial
investigation/ feasibility study
(RI/FS) or similar study, or to
expose public health and
safety or the environment to a
significantly increased threat of
harm.
Texas Solid Waste Disposal
Act, Section 361.190; 30 TAC
§335.341 et seq.
Advance written authorization
from TCEQ is required before
any partial or total removal
activities or on-site sampling,
testing or preliminary
investigations can be
performed.
Texas Health and Safety
Code, Texas Solid Waste
Disposal Act, Section 361.186;
30 TAC §335.346
TxDOT Environmental Affairs Division
Note: Substantial change
includes, but is not limited to,
actions such as the erection or
razing of a building or other
structure at the facility, the
paving over of a facility, the
creation of a park or other
public or private recreational
use on the facility, and any
other alteration of the site or
activity which could interfere
with the performance of a
RI/FS or remedial action.
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Municipal Solid Waste Landfill
Petroleum Storage Tank
The owner or operator must
submit to TCEQ any plans for
proposed construction
activities or structural
improvements located on
closed Municipal Solid Waste
Landfill (MSWLF) units or
MSW sites (not associated
with approved solid waste
disposal activities), with
supporting documentation, for
review and approval.
30 TAC §330.255
Any engineer who conducts a
soil test and determines that
part of the tract overlies a
closed municipal solid waste
landfill (CMSWLF) is required
to submit notifications to the
TCEQ and others designated
by rule within 30 days from test
completion.
Texas Health and Safety
Code, Section 361.538(c); 30
TAC §330.953
Any person intending to: (1)
install a new or replacement
underground storage tank, (2)
remove an underground
storage tank from the ground
or (3) conduct a permanent
abandonment in-place of an
underground storage tank
must comply with the
notification requirements prior
to initiating such activity.
30 TAC §334.6 Construction
Notification
At least 24 hours prior to
initiating a discharge of water
contaminated by gasoline, jet
fuel, kerosene or other
petroleum substances, the
responsible party shall notify
the appropriate TCEQ regional
office. Additionally, a
registration form must be
completed and submitted to
the TCEQ prior to discharge.
A responsible party is defined
in this chapter as the operator,
owner or any person
responsible for or exercising
control over activities.
Discharge to Surface Waters
from Treatment of Petroleum
Substance Contaminated
Waters, 30 TAC §321.133; 30
TAC §321.134
Tank owners and operators
must report underground
storage tank (UST) and
aboveground storage tank
(AST) releases in the
30 TAC §334.129; 30 TAC
§334.72 Reporting of
Suspected Releases
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Petroleum Storage Tank
(continued)
Industrial Solid Waste and
Municipal Hazardous Waste
surrounding area, such as the
presence of free product or
vapors in soils, sewer and
utility lines, basements and
nearby surface water to the
appropriate TCEQ office within
24 hours of discovery.
TCEQ can require owners and
operators of UST systems to
follow release investigation
and confirmation steps to
determine if the UST system is
the source of offsite impacts.
30 TAC §334.73
Owners and operators must
notify affected landowner(s) of
contamination releases which
have migrated offsite.
Documentation that the notice
has been provided
to the affected landowners
must be provided to TCEQ.
30 TAC §334.82(b)
Prior approval from TCEQ is
required for contaminated soil
management or reuse of
petroleum product
contaminated soil.
30 TAC §334.482
Record keeping, reporting and
shipping procedures and
requirements apply to
generators and transporters of
petroleum- substance waste.
30 TAC §§334.496-499
Any person who intends to
store, process or dispose of
industrial solid waste without a
permit, transports hazardous
or Class 1 waste unless
exempted, or conducts or
intends to conduct the
recycling of industrial solid
waste or municipal hazardous
waste as defined in 30 TAC
§335.24 shall notify TCEQ.
30 TAC §335.6 General
Notification Requirements
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Interim and Permitted
Industrial and Hazardous
Waste Facilities
Emergency situations must be
reported to TCEQ.
30 TAC §335.113;
30 TAC §335.153
Accidental Discharge or Spill
Any individual operating, in
charge of or responsible for
the activity or facility shall
notify the TCEQ as soon as
possible (and not more than
24 hours) after the occurrence
of an accidental discharge or
spill occurring at or from any
activity or facility which causes
pollution. Accidental discharge
is defined as an act or
omission through which
wastes or other substances
are inadvertently discharged
into water in the state. A spill is
defined as an act or omission
through which waste or other
substances are deposited
where, unless controlled or
removed, they will drain, seep,
run or otherwise enter water in
the state.
Texas Water Code §26.039
and 30 TAC §327.1-327.5
Notes: A reportable discharge
or spill is a discharge or spill of
oil, petroleum product, used
oil, hazardous substance,
industrial solid waste or other
substance into the
environment in a quantity
equal to or greater than the
reportable quantity listed in 30
TAC §327.4 in any 24-hour
period.
The Texas Natural Resource
Conservation Commission
affirms that the spill reporting
rules 30 TAC §§327.1-327.5
do not apply to historical
contamination. 21 Texas
Register 4228 dated May 14,
1996
Texas Department of Health (TDH)
The TDH Bureau of Radiation Control (BRC) regulates radioactive materials in Texas under the
authority of the Atomic Energy Act of 1954, as amended. Generally, TDH has jurisdiction over the
licensing of receipt, possession, use, processing, storage, transport and disposal of radioactive
materials and any low-level radioactive waste that is not preemptively regulated by the federal
government. The BRC will intermittently sample groundwater in response to an incident, complaint or
situation where groundwater contamination may be present.
TDH’s Asbestos Programs Branch, Toxic Substances Control Division has two programs which
regulate asbestos. The TDH Licensing Program issues licenses to persons qualified to perform
asbestos-related work in public buildings. The Enforcement Program makes regional inspectors
available to monitor asbestos removal in buildings, and to minimize public exposure in response to
community concerns. However, the disposal of asbestos- containing material is regulated by TCEQ.
Railroad Commission of Texas (RRC)
The Surface Mining and Reclamation Division of the Railroad Commission of Texas (RRC) is
authorized to enforce laws and regulations consistent with the Texas Surface Coal Mining and
Reclamation Act and the Texas Uranium Surface Mining and Reclamation Act.
The RRC Oil and Gas Division is responsible for activities related to the drilling, exploration and
production of oil, gas and geothermal resources, the underground storage of hydrocarbons and the
solution mining of brine. A list of oil and gas activities subject to the RRC jurisdiction appears in the
Texas Natural Resources Code, Section 91.101. The RRC adopted this list by rule in 16 TAC §3.8.
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Generally, the RRC has jurisdiction over the discharge, storage, handling, transportation, reclamation
or disposal of waste materials resulting from activities associated with the exploration, development or
production of oil, gas or geothermal resources. These waste materials may be disposed of at a solid
waste facility permitted by TCEQ with the concurrence of the facility owner or operator and the
agency having jurisdiction over the facility, provided the RRC has either permitted the disposal or
authorized the disposal by rule.
The RRC also responds to spills from pipelines under its jurisdiction and to other emergencies related
to the production and transportation of oil and gas. Lastly, the RRC handles citizen complaints
regarding alleged groundwater contamination from oil and gas activities and to alleged unauthorized
activities that may endanger groundwater.
Section 5 - Local Entities
Applicability of Local Laws and Ordinances
The Attorney General has ruled in numerous instances that municipalities are creations of the State
and have no power to exert their authority over the State, unless the legislature specifically grants
them that authority. Therefore, it is rare that a state agency would be subject to ordinances of these
local entities; TxDOT transportation projects are not subject to local ordinances and regulations.
Construction contractors working on TxDOT transportation projects are considered TxDOT agents
and are also not subject to local ordinances and regulations.
Texas Alliance of Groundwater Districts (TAGD)
The Texas Alliance of Groundwater Districts (TAGD) is the umbrella organization of groundwater
conservation districts within the state. Its membership is restricted to groundwater conservation
districts with the powers and duties to manage groundwater as it is defined in Chapter 52 of the
Texas Water Code. The districts were created by the Legislature or by the TCEQ to preserve and
protect groundwater. The districts are local or regional in their jurisdictions and have, for the most
part, elected boards of directors. Among their legislatively granted authorities is the power to monitor
groundwater quality. A number of districts are also authorized to bring civil court proceedings for
injunctive relief against an entity causing groundwater contamination.
Local Publicly Owned Treatment Works (POTW)
Local Publicly Owned Treatment Works (POTWs) or wastewater treatment plants should be
contacted for requirements and possible permitting or pre-treatment of any discharges into city,
county or locally-owned sanitary sewers.
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Appendix A
The following table shows the revision history for this guidance document.
Revision History
Effective Date
Month, Year
March 2014
Reason for and Description of Change
Version 1 release
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